How to get a trademark quickly?
Asked by: Prof. Louisa Abernathy | Last update: February 11, 2026Score: 4.4/5 (27 votes)
The fastest way to trademark a name involves meticulous preparation to avoid delays, filing accurately with the USPTO website, and potentially filing a "Petition to Make Special" for urgent cases like infringement, though standard processing takes months to over a year; hiring a specialized trademark lawyer can also significantly speed things up by preventing common errors.
How fast can you get a trademark?
Generally, it can take anywhere between one and two months to get your trademark application reviewed and finalized. Processing times can vary depending on the details of the request and how busy the trademark office is at the time.
How much does it cost to start a trademark?
A federal trademark costs a base fee of $350 per class to the USPTO, plus potential surcharges for complex applications (like using free-form text), totaling around $350–$850 for basic filings, but can increase significantly with attorney fees (often $1,000+) and ongoing maintenance fees (e.g., $225-$525 every 5-10 years). Costs vary based on filing method (TEAS), the number of goods/services classes, and if you hire a lawyer.
Can I do a trademark by myself?
Yes, you can register a trademark yourself in the U.S. if you are domiciled in the U.S., but it's complex, and hiring an attorney specializing in trademark law is strongly recommended to avoid costly mistakes with search, classification, and legal requirements. While the USPTO offers online tools and guides, issues like selecting proper goods/services (classes), conducting thorough conflict searches, and understanding filing bases are common pitfalls for DIY filers. Foreign-domiciled applicants must use a U.S.-licensed attorney.
Is there a way to expedite a trademark?
In order to request an expedited examination for your application, you need to submit a Petition to Make Special to the USPTO after filing your application but before the commencement of the initial examination process.
How to Trademark The Easy Cheap away
Should I trademark or LLC first?
For most businesses, form your LLC first to establish a legal owner for your brand, then apply for a trademark under the LLC, but always conduct a trademark search before forming the LLC to avoid costly rebrands if the name is already taken. The LLC provides liability protection and a legal entity to own assets like trademarks; however, you need to know the name is clear before registering the LLC.
Can someone steal my logo if it's not trademarked?
If your logo is registered with the USPTO (U.S. Patent and Trademark Office), you have a strong legal foundation to stop others from using it. But even without registration, you may still have common law rights if you've been using the logo consistently in commerce.
How to do a poor man's trademark?
A poor man's trademark, in simple terms, is when a person mails to themselves in an envelope their underlying artwork or name they wish to trademark to themselves using the United States Postal Service.
What names cannot be trademarked?
You can't trademark names that are generic (like "Coffee" for coffee), merely descriptive (like "Fast Shipping" for delivery), misleading, or that use official government symbols or names; surnames are difficult unless widely recognized, and offensive terms are generally prohibited, all to keep common language and essential product descriptors open for public use.
What are the 7 types of trademarks?
There isn't one definitive list of exactly seven types, but common categories focus on the nature of the mark (Word, Logo/Device, Shape, Color, Sound, Scent, Motion/Pattern) and the strength/function (Fanciful, Arbitrary, Suggestive, Descriptive, Generic, Service, Certification, Collective). Key types include Word Marks, Device Marks, Service Marks, Certification Marks, Sound Marks, Shape Marks, and Color Marks, often grouped under broader categories like "Unconventional" or "Non-Traditional" trademarks.
Is it better to copyright or trademark a logo?
While copyrights protect creative works, trademarks provide you with exclusive rights to specific words or symbols associated with your business. Trademarks can protect the use of a company's name and its product names, brand identity (like logos), and slogans.
What are common trademark mistakes?
Common trademarking mistakes include, but are not limited to: Poor choice of brand name. Your business name should resonate with your target customer and express what you do using a strong, memorable image or word. Failing to perform a complete search of trademark databases.
Do I need a lawyer for a trademark?
No, a U.S.-based applicant isn't legally required to use an attorney to file a trademark, but it's strongly recommended because the process is complex, and mistakes can lead to rejection or weak protection. An attorney handles crucial tasks like trademark clearance searches, class selection, responding to Office Actions, and ensuring proper legal arguments, significantly increasing the chances of approval and providing better overall protection, though foreign applicants must use a U.S.-licensed lawyer.
What is stronger, TM or R?
Legal Protection: The ® symbol provides stronger legal protection than ™. It gives you the right to sue for trademark infringement if someone else tries to use your registered trademark without permission.
Can I trademark a logo?
To obtain trademark protection in the United States, you must register your company's logo with the U.S. Patent and Trademark Office (USPTO). To achieve registration, your logo must be distinctive in design.
Is it worth it to get a trademark?
Legal Protection and Enforcement
Securing a federal trademark registration through the United States Patent and Trademark Office (USPTO) offers vital legal benefits, defending your brand against imitation and unlawful use.
Is it better to trademark or LLC?
An LLC (Limited Liability Company) creates a legal business structure that separates personal and business assets for liability protection, while a trademark protects your brand identity (name, logo, slogan) to prevent consumer confusion, with an LLC being the foundation and a trademark securing your brand's unique identifiers, serving different but complementary roles in business formation and protection. You usually form the LLC first as the legal entity and then register a trademark to protect your specific brand name and logo used within that business.
What is the rule 37 of trademarks?
Further, Rule 37 of Trade Marks Rules, 2017 states that an applicant for registration of a trademark may, whether before or after acceptance of his application but before the registration of the trademark, apply in Form TM-M accompanied by the prescribed fee for the correction of any error in or in connection with his ...
What word did Kim Kardashian try to trademark?
Kim Kardashian is again brewing up a social media storm – this time over her application to trade mark the word “Kimono” for her new range of shapewear.
Can I sell without a trademark?
The short answer is: You don't need a trademark to start selling — but if you're serious about building a sustainable brand, you absolutely should have one. In this guide, we'll explore why a federal trademark isn't just a smart move, but often essential for long-term success on Amazon.
What is the rule 47 of the trademark rules?
Section 47 of Trademark Act is called "Removal from register and imposition of limitations on ground of non-use". It lets the Registrar or High Court (after the Intellectual Property Appellate Board (IPAB)ended in 2021) remove a trademark or limit its scope if it's not used.
Does mailing yourself something copyright?
The practice of sending a copy of your own work to yourself is sometimes called a “poor man's copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.
Can I put a Nike logo on a shirt for personal use?
Keep in mind that a trademark is different from copyright and offers protection to words, phrases, symbols, and designs that identify goods and services like Nike's “swoosh” or their slogan “Just Do It.” Using a trademarked logo without permission, even if it's for personal use, can also result in legal issues.
What is the 3 month rule for copyright?
The "copyright 3 month rule" refers to a key deadline for U.S. copyright registration: you must register your work within three months of its first publication (or before infringement begins) to be eligible to claim statutory damages and attorney's fees in a copyright infringement lawsuit, which can be crucial for remedies beyond just an injunction. Failing to meet this deadline means you generally can only sue for actual damages (harder to prove) if infringement occurs, but registration is still vital for other benefits and to sue at all, notes Donahue Fitzgerald LLP and Cotman IP.
Is it better to get a TM or a copyright?
Neither trademark (TM) nor copyright is inherently "better"; they protect different things, so the best choice depends on what you're shielding: trademarks protect brand identifiers (logos, names, slogans) for infinite duration with use, preventing consumer confusion, while copyrights protect original creative works (books, art, music, code) for life plus 70 years, preventing unauthorized copying. Often, you need both, like a trademark for your company logo and copyright for the artwork within that logo, to fully protect your brand and creative assets.